Through all the family cases that we have handled, we have come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/separation/property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it is easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.
It should not be as complicated, but reality makes it so. Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other:
- (1) The spouses;
- (2) Legitimate ascendants and descendants;
- (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
- (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter;
- (5) Legitimate brothers and sisters, whether of full or half-blood; and
- (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.
On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:
Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.
If you are a parent, it is safe to assume that you would want the best for your child and you wouldn’t hesitate to provide adequate support. However, it’s unfortunate that when it comes to support for the common children (whether legitimate or illegitimate), so many fathers still fail (or worse, simply refuse) to provide adequate support. Whatever the reason is, and regardless of whether or not these reasons are correct, the problem became pervasive, so much so that Congress saw it fit to “criminalize” (only against fathers) the withholding of support in certain instances. Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“. [See Laws on Child Support in the Philippines]
Not everyone also knows that R.A. 9262 provides for criminal sactions or penalties for failure to provide support or withholding custody, in certain cases. Well, now you know.
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Atty. I have to asked, I have a child his now 4yrs old, when I have him his father has a live in and had to kids with the girl, when I was pregnant with his baby was just giving 500 to 1000 a month that time when I give birth he gave 40k for my dilivery and after that he did not gave me I think that was month in half he didn’t gave me support, I was so emotionally drain with everything how to get milk for my son so I contacted him and he gave me 1000 a month by that time I didnt say anything cause in my mind maybe he’ll stop sending me for my child, but I keep on begging him to add more cause 1000 pesos would not be enough for diapers and milk in a month, I read some articles that if the father of the child has a work in a government agency you file for assignment to that by that time they are not yet married with his live in and I am still single too, he said that he will do that soon, I went abroad for me to be able to give the needa of my kids, Cause his 1000 could no longer supply all the child needs, by that time I ask him again to make my son his assignment but again he has a lot of alibis that he cant not yet do that, so I went home I married a foreigner, so now the thing is his giving me 2000 every month but sometimes he never gives any penny even, so now his going to tie the knot with his live in partner, so what should I do Atty. I want to have a legal agreement from him for the support for my child, I told him to make amy son on assignment but he said he’ll think about that, and one thing Atty. My child birth certificate doesn’t have his father name on it, do I have the right to ask support from him? Does my child entitled to have any thing he has to have?
Hi,po ( Nancy) oct,25 2016
hingi po sana ako ng tulong yung anak ko po iniwan ng tatay nya d po kami kasal pero naka pirma po sya sa birthcert, mula pa po nong 2yrs old sya now po 11yrsold na ang anak ko,sa taiwan po sya nag wo work taiwanese po sya pero dual citizen,pano ko po ma hihingi ng financial support ang anak ko tnx po
Good day Atty.,
Pwedi po ba ako mag file ng case against the father of my child,kasi hindi kasi enough yung support na binibigay nya.Pwedi po ba ako mag demand kung how much dapat ang e bigay nya.He is a businessman. he owns a brokerage medyo malaki ang kita nya pero maliit lng yung binibigay nya for my daughter.
please reply po.thank you
Gud day atty.
My kinakasama po ako d po kmi kasal nkipag hiwalay po sya anu po kaya pd ko gawin mg dadalawa na po anak namin buntis po kasi ako ngayon. Anu po ba pede ko i file sa kanya para tuloy pa din po sustento nya na tama ? 500 kada buwan lng po kasi binibigay niya ay my trabaho naman po siya at minimum wage sahod nya.. my babae din po kasi sya? Ano po pede ko ikaso sa knya kahit di po kami kasal?
Hi Attorney,
Just want to ask for some advise. I am married and I found out that my husband has a mistress and left our house with our 1 year old son. I allowed him to borrow our son once a week since he’s still the father provided that he will not bring my son to his mistress. But then a friend told me that they see posts in social media showing that my husband and my son is together with the mistress in a resort. My husband is not telling me the truth of my son’s whereabouts when he borrowed him. So knowing that, I told my husband that I will no longer allow him to borrow my son. And now that he no longer borrow’s my son, he also stopped his financial to us every month.
Can I still demand for his financial support to me and my son even if I no longer allow him to borrow my son? Are my reasons valid for not allowing him to borrow my son?
Hoping for your advise on this matter.
Thank you,
Cams
hello po!..magandang araw…kumusta po kayo…may mga katanungan po ako regarding sa illegitimate child ko po 9 years old na po siya this year…since 2010 po ng nag abroad ako, monthly po ako nagpapadala ng suporta sa anak ko. pero since na nagka asawa na po ako, tuloy pa rin pagpapadala ko ng suporta kaso lang po, pinapahirapan po ako na makita anak ko ng umuwi ako sa pinas. kaya nag decision po ako na sa mama ko po ipapadala ang sustento, pero nagalit po sila kasi bakit daw sa mama ko ipapadala ang sustento at hindi direkta sa kanila, magsasampa daw sila ng kaso na para sa kanila ko ipadala ang suporta ng anak ko, at kulang pa daw yung 12k ko na pinapadala, ….tanong oo po, diba pwede sa mama ko ipapadala ang sustento para sila na ang kumuha?..kasi gusto din ng mama ko makita ang anak ko…parehas lang po kami nakatira sa Cebu, mga 30minutes lang ang biyahe…sa 12k ko na pinapadala, di pa kasama ang tuition ng anak ko, bukod ko pa pinapadala, kaso kulang pa daw…kulang paba yun?..sana mabigyan mo po ako ng advice, kasi mag re-rekkamo daw sila sa owwa…salamat po
Good Day,
I’ve read this over and over and it seems like it applies to both fathers and mothers, yet the assumption is that legal action will be taken against fathers who don’t provided support. What about single fathers, like myself, who have had custody and provided for my child from the very beginning?
I am not married to my child’s mother, and have supported my child and even her mother. After my child turned 1 year old the mother left and never provided and type of support. Every once in a while she’ll show up demanding to take custody of our child since she is the mother. Yet when she does so she demands that I provide for all the expenses. She demands I give money and hand over all my child’s possessions to her. I give in to her demands, but usually after a week or so she returns the child to me, minus my child’s things that I gave her (supplies, clothes, toys, etc.). This cycle happens a few times a year. And also, when she demands to take custody of my child she does so at any time she wants, saying that since shes the mother she has the absolute rights. I have yet to spend a Christmas, New Years Eve, or even my child’s birthday since the mother always takes her during that time. Yet I have custody and provide for her approximately 350 days out of the year.
My child is now 3 years old and I enrolled her into school. I’m afraid that her mother will demand custody again and will pull her out of school (We live very far from each other). What are my rights as a single father when it comes to situations like this?
I’ll be will be eagerly waiting for your reply.
Good eve atty. I have a 1yr old daughter to my Australian bf..we are not married but were in processing our papers to live together in his place. But now i found out hes with someone and they live together in his house. I just want my child rights and i want to know what should i do? Can u give me some advise? Thank u
HI Atty,
Good day! I just want to ask a few things regarding financial support. We are married, my 17 yr old son is a legitimate son of him, when we decided to go on separate ways because of being a battered wife, we had an agreement that he will be supporting my son for 600 pesos per month and that was way back 2003 or 2004 I think. That agreement was also signed by a lawyer from the PAO, but the thing is, he just gave my son that small amount twice. And I still have the said agreement on hand. And knowing that he already got 2 kids from a different woman. Can I file a case against him? What would that be? And all the years that he didn’t supported my son, can I still ask him to give it to my son? And also, he is a regular employee so I believe he is capable of providing support for his son, and what would be the computation for that? My son is now on the 10th grade, next school year, he’ll be a senior high student which would really cost me a lot of money. Can I file a case regarding R.A. 9262?
Hoping for your quick response regarding this matter.
Thanks and more power to you.
Blessed evening po,
Anu po pwede gawin if yung ang isang illegitimate child ni recongnized ng tatay ( since birth nagsupoort sa bata ) but then ang nanay ng bata sa birth certificate ng bata ang pumirma and umako ay ung live in partner niya without any paalam sa tatay ng bata na ganun desisyon niya. Anu po habol ng tatay dun? Anu po pwede maikaso since ni recognized naman niya ang bata na anak niya. Maraming salamat po.